Suspending limitations on conference committee
jurisdiction, H.B. 1718
By ____________________ S.R. No. ____
74R14374 MRB-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 74th
1-2 Legislature, Regular Session, 1995, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08, to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 1718 to consider and take action on the following matters:
1-6 (1) Senate Rule 12.03(2) is suspended to permit the
1-7 committee to omit text that is not in disagreement in Section
1-8 552.103, Government Code. The omitted text reads:
1-9 Sec. 552.103. EXCEPTION: LITIGATION OR SETTLEMENT
1-10 NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION. (a)
1-11 Information is excepted from the requirements of Section 552.021 if
1-12 the attorney general or the attorney of the political subdivision
1-13 has determined that the information should be withheld from public
1-14 inspection, and it is information created:
1-15 (1) in anticipation of <relating to> litigation of a
1-16 civil or criminal nature <or settlement negotiations,> to which the
1-17 state or a political subdivision is or may be a party or to which
1-18 an officer or employee of the state or a political subdivision, as
1-19 a consequence of the person's office or employment, is or may be a
1-20 party; or <and>
1-21 (2) for the purpose of settlement negotiations to
1-22 which the state or a political subdivision is a party or to which
1-23 an officer or employee of the state or a political subdivision, as
2-1 a consequence of the person's office or employment, is a party
2-2 <that the attorney general or the attorney of the political
2-3 subdivision has determined should be withheld from public
2-4 inspection>.
2-5 (b) A determination by the attorney of the political
2-6 subdivision that the information should be withheld from public
2-7 inspection does not relieve the political subdivision of its
2-8 obligation to seek an attorney general decision under Section
2-9 552.301.
2-10 (c) For purposes of this section, the state or a political
2-11 subdivision is considered to be a party to litigation of a criminal
2-12 nature until the applicable statute of limitations has expired or
2-13 until the defendant has exhausted all appellate and postconviction
2-14 remedies in state and federal court.
2-15 (e) Information under this section includes the work product
2-16 of an attorney. Protection for the work product of an attorney
2-17 does not terminate on the conclusion of the litigation for which it
2-18 was created.
2-19 Explanation: This change is necessary to continue in effect
2-20 the current law regarding information related to litigation.
2-21 (2) Senate Rules 12.03(1) and (2) are suspended to permit
2-22 the committee to change and omit text that is not in disagreement
2-23 so that Section 552.321, Government Code, may be amended to read as
2-24 follows:
2-25 Sec. 552.321. Suit for Writ of Mandamus. A requestor
3-1 <person requesting information> or the attorney general may file
3-2 suit for a writ of mandamus compelling a governmental body to make
3-3 information available for public inspection if the governmental
3-4 body refuses to request an attorney general's decision as provided
3-5 by Subchapter G or refuses to supply public information or
3-6 information that the attorney general has determined is <a> public
3-7 information <record>.
3-8 Explanation: This change is necessary to continue in effect
3-9 the current law regarding suits to make information available
3-10 through a writ of mandamus and omit unnecessary proposed
3-11 procedures.
3-12 ¯BEGCAPTIONÆ
3-13 Suspending limitations on conference committee jurisdiction, H.B.
3-14 No. 1718.
3-15 ¯ENDCAPTIONÆ